HomeMy WebLinkAbout2010-002 Traffic Offenses CitationsCITY OF GEM. LAKE
RESOLUTION No. 201E0-02.
A RESOLUTION AUTHORIZING ADMINISTRATIVE CITATIONS FOR CERTAIN
TRAFFIC OFFENSES PURSUANT TO MINN. STAT. § 169.999
WHEREAS.: The City is authorized to provide for the issuance of administrative citations:for:specific
traffic offenses designated at Minn.. Stat. § 169.99.9, subd.. 1(b)(1); (2) and (3), :in the
amount designated at Minn. $tat. § 1.69.999, subd, 5, as. it may be amended. train time to
time; and
WHEREAS: The authority to issue administrative traffic citations authorized by this resolution. is
reserved by law exclusively to licensed peace officers; and
WHEREAS: City peace officers may not issue administrative traffic citations in violation of Minn.
Stat: §.1.69.999; and
WHEREAS: The City is required to notify.a recipient of an administrative -traffic citation of his or her
right to contest thecitation and .to appoint. a neutral third. party to hear and rule on.
challenges to administrative traffic citations authorized bythis resolution; and
WHEREAS.: Minn. Stat, .§. 169.999 contains numerous requirements related to the issuance of
administrative traffic citations including but not limited. to .prescribing a uniform traffic.
citation.forrn, use and sharing of fine revenues, and other administrative measures;
NOW THEREFORE, BE .IT RESOLVED BY THE CITY COUNCIL O1; THE CITY OF GEM LAKE,
MINNESOTA:
1.) The City hereby authorizes the Muance..of administrative citations for traffic offenses designated
at Minn. Stat. § 169.99.% subd. 1(b)(1), (2).and .(3), as it may be: amended from time to time; and
2). The: City hereby sets the fine for committing: an administrative traffic violation designated by
Minn. Stat. § I69.9.99 and this resolution at the amount designated. by Minn. Stat..§ 169.999, subd.
5; as. it may be amended from time to time; and.
3) The City hereby directs that only licensed peace officers may issue adininistrative traffic citations
authorized by this. resolution;.. and
4) The: City hereby directs that no peace officer may issue an administrative.traf cc citation in
violation of Minn. Stat.. §.1.69..999; and
5) The City hereby directs that no administrative traffic citation.authorized by this resolution may be
issued. to a. holder of a commercial driver's: I ice0se or the driver of'a commercial vehicle in which
the administrative.violation was committed; and
6) The City hereby directs the appointment of a neutral. third party to. hear and rule on challenges to
administrative traffic citations authorized by this resolution, Such appointment may be renewed
b) annually at the first meeting of the year as all other Council appointments, or more immediately
as the Council directs, in its sole, reasonable discretion;
7) The City hereby adopts the uniform administrative traffic citation form prescribed by the
Commissioner of Public Safety;
8) The City hereby authorizes City staff to create materials as necessary to supplement the uniform
administrative traffic citation to provide recipients of an administrative traffic citation with
information related, but not limited to, the recipient's right to challenge the citation; the City's
process for handling challenges to administrative traffic citations; the location, dates, and times
designated to hear traffic citation challenges; the process for paying a traffic citation; and the
effect of an administrative traffic citation on a recipient's driving record; and
9) City staff is hereby directed to inform the Commissioner of Public Safety of the passage of this
resolution;
10) The City designates the Ramsey County Sheriff's Department, as the law enforcement agency for
the City, as its agent for the management of the administrative traffic citation program. Personnel
of the Sheriff's Department shall apply the State law, this resolution, and any procedural
ordinance adopted by the City relating to administrative traffic citations to carry out the program.
The Sheriff's Department shall assign hearing cases to hearing officers appointed by the City.
The SherifFs Department shall collect and administer revenue and expenses of the administrative
traffic citations issued in the City, and separately account for administrative traffic citations
authorized by this resolution. The Department shall account for the portion of fine revenue that
must be applied to law enforcement expenditures. The Sheriff's Department shall provide the
City with information about the program required to be included in City financial reports,
summaries, and audits in keeping with common accounting practices and standards;
The motion for the adoption of the foregoing resolution was proposed by Council member Artig-
Swomley and was duly seconded by Council member Lindner and upon vote being taken thereon, the
following voted in favor: q
And the following voted against the same: 0
Whereupon said resolution was declared duly passed and adopted by the City Council of the City of Gem
Lake, on January 19, 2010.
MM
Robert Uzpen, May
ATTEST:
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William F. Short, City Clerk
CITY OF GEM HAKE, MN
4200 Otter Lake:Road
Gem. Lake, MN 55110-3227
Telephone 651-747-2790
E-mail. Qty(a�gemlakeMN.or
February S, 2010
Commissioner of Public safety
Town Square Building
444 Cedar Street
St. Paul, Minnesota 55101
Dear Commissioner:
Pursuant to Minnesota Statutes, Section 169.99, Subd. 1 (e), the. City of Gem
Lake is writing to inform the Commissioner of Public Safety that it has. passed a
Resolution authorizing the City's issuance of administrative. fines for certain .trafFc
offenses.
Sincerely,
Il I . SHORT
City Clerk
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cc:admin.file
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